SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL  4:13:43 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 39 "An Act relating to elections; relating to voter registration; relating to ballots and a system of tracking and accounting for ballots; establishing an election offense hotline; designating as a class A misdemeanor the collection of ballots from other voters; designating as a class C felony the intentional opening or tampering with a sealed ballot, certificate, or package of ballots without authorization from the director of the division of elections; and providing for an effective date." He noted the new committee substitute for SB 39. He said that because this is largely a new bill, he would go through the new sponsor statement. 4:14:12 PM CHAIR SHOWER read [Original punctuation provided]: Senate Bill 39, updates Alaska's decades-old election statutes, strengthening voter access and improving integrity so Alaskans may regain confidence in our election system. We sometimes disagree with election results, but rarely in our history have we refused to accept them. A troubling trend has emerged where entire segments of our nation not only disagree with election results, but refuse to acknowledge them as legitimate. It happened in 2016, and again in 2020. Whether these concerns are real or perceived, we must find a way to restore all people's faith in our election system as it is a cornerstone to our Constitutional Republic. "I began working on election issues in 2018, involving the accuracy of Alaska's election data and our voter rolls. Problematic areas within our system created integrity concerns and irreconcilable errors which limited citizens from qualifying their ballots when the Division of Elections questioned or rejected them." Alaska's current election model is built on a foundation of disqualification and rejection of ballots. A significant aspect of SB 39 is to shift toward greater voter inclusion with the qualification of ballots. "Voters should know when their ballots are questioned or rejected and be informed of it immediately. Ballot curing is a two-part process that includes immediate voter notification and then providing voters reasonable time and opportunity to correct identified technical deficiencies. Once notified, the voter should have an opportunity to correct technical issues rather than the Division disqualifying the ballot and not counting their vote. Curing of ballots is an essential component of SB 39." Improvements to voter access required extensive additional work on existing statutes that have contributed to limiting all voters. Before the 2020 elections, only two states had clear regulations and policies for vote-by-mail procedures. A new measure of inclusion is amending the current statute to accept additional types of qualifying identification such as Tribal identification as one example. Alaska is a diverse state, and our Indigenous First Alaskans are an essential segment with unique needs not experienced in urban communities. "My goal is to include additional provisions for increased Tribal participation and for more opportunities for communities to take a greater role in their local voting systems, just as many larger communities already practice across Alaska." 4:16:35 PM Consistency and standardization of protocols is an overarching objective, and communities that already practice vote-by-mail are enhanced by improved security and authentication. Additionally, absentee voting improvements expand the option to voters where they may request an automatic absentee ballot. Alaskans should be able to vote in the manner which suits them and feel confident that their vote is secure and counted. If we shift to one type of voting or another we risk alienating a significant portion of the population and inadvertently suppressing votes. This is not a bill to suggest one method of voting over another. SB 39 addresses the quality of the voter data, security standards, and chain of custody. Another major area SB39 improves is voter registration roll accuracy. Alaska checks only a few databases against eligible voter lists; SB39 enables the state to clean the voter rolls more often and cross- reference a broader segment of other available databases. It requires third-party supervised bi- annual audits of our voter rolls. Municipalities such as Anchorage use state data for their vote-by-mail system. It is self-evident that when the state's data is not accurate, neither is their vote-by-mail system based upon the over mailing of ballots. There are thousands more people on our voter rolls than are eligible to vote in Alaska. Currently the Division of Elections checks our voter data with 31 other states. Why are we not running it by all 50 states? Data is also not checked with many local and national sources that would certainly improve the quality of our voter rolls. Do we want a 60% solution or a 100% solution? Alaska voters deserve better than what we have now. 4:18:08 PM A cornerstone to how SB 39 mitigates chain of custody concerns, and vulnerable or compromised voter data, is through a well-established methodology, Multi-Factor Authentication (MFA), and blockchain technology, which many of the most secure institutions utilize. Both MFA and Blockchain have been around for a long time and are used worldwide in many different ways. A Biden Administration report and an independent Harvard Journal of Law and Technology study recommend that states implement Multi-Factor Authentication and chain of custody protocols to strengthen election integrity and ensure one voter equals one vote. In addition to Multi-Factor Authentication, this bill requires the Division of Elections to adhere to the US Postal Service's best practice recommendation for a vote by mail ballot chain of custody system. By utilizing the USPS's existing ballot envelope barcode procedure, voters can account for their ballot anywhere it is in transit. Citizens should be able to track their ballot from the time it is shipped from the Division until received by the voter and until it is returned to the Division. These systems also notify a voter if their ballot has been questioned, rejected and may even include ballot curing procedures. Nearly everyone orders products online today. Most things can be tracked, down to the minute, and a precise location; we can also do so with ballots using election-specific software readily available and already in use in many states for ballot tracking. 4:19:29 PM The platform for elections security is a three-legged stool; data security, accurate voter rolls, and a qualitative, secure chain of custody which is achieved through Multi-Factor Authentication. In October of 2020, a data breach resulted in 113,000 Alaskans having their personal data exposed. The Division confirmed on the record that the stolen data could be used to apply for and submit ill-cast ballots and lead to identity theft. SB 39 addresses these concerns by bringing Alaska into the 21st century. 4:20:06 PM CHAIR SHOWER said this bill is not in its final form and other committees will have an opportunity to make changes through the process. He asked Mr. Ogan to introduce himself and walk through the sectional analysis for SB 39, version O. 4:20:33 PM SCOTT OGAN, Staff, Senator Mike Shower, Alaska State Legislature, Juneau, Alaska, highlighted that version O does not ban by-mail voting, but it does establish protocols. He paraphrased the sectional analysis for SB 39, version O. [Original punctuation provided.] Sec 1. Perjury for false statement about citizenry. Sec 2. Includes tribal ID, deletes hunt and fish licenses. Sec 3. Makes electronic transmission universal. Sec 4. Shall (no longer may) adopt regs APA NVRA. 1. Block Chain requirement for data systems 2. Voter authentication process 3. Alternate process for digital MFA Sec 5. New voters multi-factor authentication education process. He explained that this section directs the Division of Elections to instruct voters on how the multi-factor authentication process would work. Sec 6. Adds process regulation information to existing registration process. Sec 7. New Section: 1. Nationally recognized best practices and develop protocols to produce accurate voter rolls. 2. Utilize nationally recognized expert to biannually audit rolls, using multiple data bases to cross check data. 3. Allows DOL and DOE to share with others- including tribal. Sec 8. Mandates multi-factor authentication security. Sec 9. Adds notification requirement to cancel voter registration. Sec 10. Requires a watermark or other identifier on most official ballots. Sec 11. Required software for electronically generated ballots to be open-source USA based servers. Sec 12. New subsection requires electronic generated ballots to utilize multi-factor authentication. Sec 13. New Section requires robust ballot security and chain of custody procedures. 4:24:15 PM Sec 14. Clarifies guidelines for election workers screening voters. Sec 15. Requires multi-factor authentication, but exempts those that are unable. Sec 16. Allows tribal ID, but eliminate hunting and fishing license as valid ID. Sec 17. Ends practice of destroying a spoiled ballot, and give director the ability to mark or punch a spoiled ballot to preserve ballot chain of custody. Sec 18. Director ay prescribe how to void ballot. Sec 19. Guides exhibited ballot protocols. 4:25:17 PM MR. OGAN explained that this provision preserves the integrity of a private vote. Sec 20. Mandates how the director handles ballots and ends practice of destroying them to maintain chain of custody. Sec 21. New Section on Voter qualification. Sec 22. New Section on when the Lt Gov can certify the election and what disclosures need to be made. Sec 23. Ballot chain of custody protocols stipulating that all ballots remain in strict control of DOE for 22 months. 4:26:07 PM Sec 24. New Section prescribing division support for municipal support for elections as long as chain of custody and multi-factor authentication protocol are followed. Sec 25. Outlining multi-factor authentication protocols to voters. Sec 26. Prescribes multi-factor authentication procedures for absentee voting. Sec 27. New Section prescribing disclaimers on absentee ballot applications. Sec 28. Requires multi-factor authentication protocols on electronic voting procedures. Sec 29. Changes the application deadlines to 14 days, from 10 days, to allow for earlier returns of absentee ballots, to allow for better accounting and ballot curing. Sec 30. Prescribes new protocols for absentee signatures only if an authorized oath taker is not available, and requires positive identification and contact information, along with a statement verifying why an oath taker was not available, and creating the penalty of perjury for not being truthful. Sec 31. Shortens time allowed for absentee ballots to be received by DOL, allowing for earlier election results. Matches Colorado, another state that has a large military constituency. 4:27:55 PM Sec 32. Voter inclusion measure to allow for rural voters to vote when multi-factor authentication is no possible. May need to phase to allow director to eventually require non exclusionary multi-factor protocols. Sec 33. New Section. Allows a voter to sign up for absentee voting for a four-year period. 4:28:21 PM Sec 34. Guides review of absentee ballot envelopes. Sec 35. Disallows removal of ballots from envelopes before close of election. Sec 36. Requires the vote to not be counted unless postmarked or barcode tracked being mailed on or before the day of the election; allows tribal ID; prescribes new absentee ballot signature requirements; and multi-factor protocols. Sec 37. Prescribes that the ballot may not be separated from the envelope until the division has determined the voter has not voted more than once. Sec 38. Ballot cure provision. Sec 39. New subsection: Guides the director to allow the last vote made to be counted if the voter did not intentionally vote twice. Sec 40. Prescribes that the vote may not be counted if the voter was able to utilize Multi-factor authentication, and voter fails to provide said authentication. Sec 41. Ballot Curing Section. Sec 42. Chain of custody language to assure identifier data is verified. Sec 43. Expands grounds for election contest to include breach of voter registration data, and ballot accounting irregularities. Sec 44. Codifies that the division's failure to contact an absentee voter whose ballot is rejected, is not grounds for a contested election. Sec 45. Allows the director to conduct mail out voting in a community of less than 750 people. Allows larger communities to request mail out voting. Allows mail out voting in emergencies. Sec 46. Puts sideboards on mail out voting rolls, and chain of custody protection and management through block chain. 4:30:40 PM Sec 47. Requires forensic examination of precinct tabulators and bans internet connection before and after election. MR. OGAN clarified that internet connection is also banned during an election. Sec 48. Criminalizes ballot harvesting, but protects those that assist others with limited drop offs of ballots. Sec 49. Defines "collects" Sec 50. Protects people who are cognitively unable to express their vote. Sec 51. Adds to the crime of voter misconduct, for those that attempt to corrupt the vote. MR. OGAN noted that he had omitted Section 52 from the sectional analysis. SENATOR REINBOLD advised that Section 52 talks about election fraud in violation of AS 15.56.060 thereby causing the outcome of an election to change. This crime is a Class C felony. MR. OGAN thanked Senator Reinbold for the lifeline. He continued the sectional analysis. Sec 53. Codifies the crime of disclosing unauthorized election data before election day. Sec 54. New Section that asserts that the legislature is the constitutionally defined body with the sole authority to prescribe election law. Sec 55. Bans electronic signatures. Sec 56. Requires the Lt gov to notify the legislature and the public of a data breach. Sec 57. Clarifies what "mark" of a person that cannot write is acceptable. Sec 58. Prescribes election fraud training at the Trooper Academy. Sec 59. Requires a Permanent Fund Dividend applicant to identify the house district the applicant has been a resident I for the last 30 days. 4:33:30 PM MR. OGAN highlighted that the opt-in provision for the Permanent Fund is not in version O. Sec 60. Effective date of audit provision. Sec 61. Effective dates and applicability. Sec 62. Transition regulations . Sec 63. Effective dates. Sec 64. Additional effective dates. 4:34:05 PM CHAIR SHOWER directed attention to Section 9 regarding the notification requirement to cancel voter registration. He explained that citizens are not trained to ask the Division of Elections to remove their name from the voter rolls when they leave the state. He cited the example of a former Alaskan who holds office in Maine and still receives ballots from Alaska. Section 9 requires the state to educate citizens about the process to deregister. He found no questions or comments and solicited a motion to adopt the CS. 4:36:45 PM SENATOR REINBOLD moved to adopt the work draft CS for SB 39(STA), work order 32-LS0204\O, as the working document. 4:37:02 PM CHAIR SHOWER objected for discussion purposes and asked Mr. Ogan to share why there is not an explanation of the changes. MR. OGAN said he did not prepare an explanation of changes because SB 39, version O, is essentially a new bill. CHAIR SHOWER asked if there were questions or comments on the CS. SENATOR REINBOLD said she had no problem adopting the CS; she would drill down on it in judiciary. 4:39:09 PM SENATOR COSTELLO asked how the mail-in ballot provisions differ between version A and version O. MR. OGAN said version A had a ban on voting by mail and version O switches the focus to ballot chain of custody. He described ballot integrity as a three-legged stool. It must have good data that is secure, good ballot chain of custody procedures, and multi-factor authentication. He mentioned the Municipality of Anchorage mail out voting efforts and said there was no intention to usurp local control, but any community that uses state resources to support an election must have those data protection protocols in place to use mail out ballots. He highlighted that version O expands the sources the state uses to ensure data integrity and it directs that a third party, nationally recognized expert assist the division with an audit of the data rolls. CHAIR SHOWER added that everything that was in the original version of the bill reflected concerns from different individuals or groups. That created significant debate and his office worked with groups and local communities to distill what would be good for local control. He said that was the goal all along. Local governments should be able to choose how to do business as long as the elections are secure, and all Alaskans can trust the results. SENATOR COSTELLO said she was pleased that mail in voting was restored because that was the section that generated the most emails to her office. She stated support for secure and accessible elections. CHAIR SHOWER emphasized that the bill does not restrict municipalities from having mail in balloting. The focus is on cleaning up the data rolls, chain of custody, and multi-factor authentication to ensure that every eligible Alaskan is able to vote and their vote counts. He said everyone should be cognizant of the two data breaches in 2019 and 2020. "We're getting data breaches as we go in this electronic world and we must move into the 21st Century to get to the point where we can secure our data," he said. Part of the effort with blockchain technology is to protect people's data. He described other state's use of this technology to track voting data and ballot location on a phone. 4:48:12 PM CHAIR SHOWER removed his objection. Finding no further objection, the CS for SB 39, version O, was adopted as the working document. 4:48:45 PM CHAIR SHOWER held SB 39 in committee for future consideration.